Euthanasia Across Borders: Legal And Ethical Perspectives From India And The Netherlands
- IJLLR Journal
- Mar 9
- 2 min read
Rythem, BA LLB, IILM University, Gurugram
ABSTRACT
Euthanasia, the practice of intentionally ending a life to alleviate suffering, presents complex legal and ethical challenges worldwide. This paper titled “Euthanasia across borders: Legal and Ethical Perspectives from India and the Netherlands” delves into the contrasting approaches of the Netherlands
and India, examining how cultural, legal, and ethical frameworks shape their policies on euthanasia.
Dating back to 2002, the Netherlands became a pioneer by legalising both active and passive euthanasia under stringent conditions. The Dutch framework emphasises patient autonomy, permitting euthanasia for individuals enduring unbearable suffering with no prospect of improvement, including cases of severe psychological distress. Notably, the case of Dr. Boudewjin Chabot, who assisted a mentally sound yet profoundly grieving woman in ending her life, underscores the ethical complexities inherent in such decisions. Recent discussions have also emerged around young adults seeking euthanasia for mental health reasons, highlighting the ongoing societal and ethical debates in the country.
Conversely, India’s stance on euthanasia is markedly conservative, rooted in deep-seated cultural and religious values that uphold the sanctity of life. The landmark 2018 Supreme Court ruling permitted passive euthanasia under strict guidelines, allowing withdrawal of life support for patients in a permanent vegetative state or with terminal illnesses, contingent upon a living will or family consent. Active euthanasia remains illegal, reflecting societal hesitancy to endorse deliberate-life ending measures.
This comparative analysis elucidates the profound impact of cultural, ethical, and legal paradigms on euthanasia policies. While the Netherlands prioritizes individual choice, even extending to cases of psychological suffering, India exercises caution, permitting only passive measures in specific, dire circumstances. Understanding these divergent perspectives offers valuable insights into the global discourse on end-of-life choices, emphasizing the need for nuanced, culturally sensitive approaches to euthanasia legislation and ethical considerations.
Keywords: Euthanasia, Active and Passive Euthanasia, Legal Framework, Ethical Considerations Patient Autonomy, Comparative Analysis.
